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Home My WebLink About42-24 Amending Zoning Ordinance for Property Located at 829 South 27th StreetCity of South Bend PLAN COMMISSION August 20, 2024 Honorable Committee Chair Davis 4th Floor, County -City Building South Bend, IN 46601 RE: 829 S 27th Street — PC#0222-24 Dear Committee Chair Davis: County -City Building 227 W. Jefferson Blvd. 14005 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office -;, 2 1 2024 mianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your August 26, 2024, Council meeting, and set it for public hearing at your September 23, 2024, Council meeting. The petition is tentatively scheduled for public hearing at the September 16, 2024. South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Petitioner desires to rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President BILL NO. 42-24 ORDINANCE NO. Filed in Clerk's Office 2 1 2024 Bianca Tirade City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 829 SOUTH 27TH STREET COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner desires to rezone from U 1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: LOT 144 OF BERNERS GROVE 1ST ADDITION TO THE CITY OF SOUTH BEND COMMONLY KNOWN AS 829 SOUTH 27TH STREET be and the same is hereby established as U2 Urban Neighborhood 2 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2024, at o'clock . m. .m. Approved and signed by me on the Bianca Tirado, City Clerk Office of the City Clerk day of , 2024, at o'clock James Mueller, Mayor City of South Bend, Indiana 2 City of South Bend PLAN COMMISSION 227 W. Jefferson - Suite 1400S South Bend, IN 46601 zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number018-6065-2226 Address:829 S 27th St, South Bend, IN, 46615 Owner: Two Briother Real Estate Investments LLP Legal Description: Lot 144 Berners Grove 1st Project Summary Rezone to triplex Requested Action Application includes (check all that apply) ❑✓ Rezoning Current District: U1 Urban Neighborhood 1 Proposed District. U2 uroan 0r`nood The Plan Commission and Council wilPconsider the following in the review of a rezoning petition: (1) The comprehensive Plan; (2) Current conditions and the character of the current structures and uses in each district; (3) The most desirable use for which the land in each district is adapted; (4) The conservation of property values throughout the jurisdiction; and (5) Responsible development and growth. ❑ Subdivision — complete and attach subdivision application O Special Exception — complete and attach Criteria for Decision Making Use requested: Additional Districts, if applicablE Additional Districts, if applicablE ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents E Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Two Brothers Real Estate Investments LLP Address: 1251 N Eddy St, Suite 200, South Bend, IN, 46617 Name: Address: Name: Address Contact Person: Name: Stephen Fryer Address: 1251 N Eddy St, Suite 200, South Bend, IN, 46617 Phone Number: 574 397 0466 E-mail: a2zstephen.fryer@gmail.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: City of South Bend PLAN COMMISSION September 17, 2024 South Bend Common Council 227 W. Jefferson Blvd., 4`t' Floor South Bend, IN 46601 County -City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office i i' 1il:?.it Bianca Tirado City Clerk, South Bend, IN Re: Bill #42-24 - A proposed ordinance of TWO BROTHERS REAL ESTATE INVESTMENTS LP to zone from U 1 Urban Neighborhood 1 to U2 Urban Neighborhood 2, property located at 829 27TH ST, City of South Bend - PC# 0222-24 Dear Council Members: I hereby Certify that the above referenced ordinance of TWO BROTHERS REAL ESTATE INVESTMENTS LP was legally advertised on September 6, 2024, and that the South Bend Plan Commission at its public hearing on September 16, 2024, took the following action: Upon a motion by Dr. Oliver Davis, being seconded by Sarah Barber and unanimously carried, a proposed ordinance of TWO BROTHERS REAL ESTATE INVESTMENTS LP to zone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2, property located at 829 27TH ST, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, Kari Myers Zoning Specialist Attachment CC: TWO BROTHERS REAL ESTATE INVESTMENTS LP Bob Palmer Tim Corcoran Planning Director Tim Corcoran Scott Ford Interim Zoning Administrator Commission President Staff Report — PC#0222-24 September 16, 2024 Property Information Location: 829 27TH ST Owner: TWO BROTHERS REAL ESTATE INVESTMENTS LP Requested Action Rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 Project Summary A rezoning to legalize an existing triplex. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation subject to the condition of creating a zoning compliant frontage type by reopening the original porch. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report -PC#0222-24 9/16/2024 Proposed Site Plan SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report -PC#0222-24 9/16/2024 Site & Context Land Uses and Zoning: On site: A building being used as a triplex, zoned U1 Urban Neighborhood 1 North: A one unit dwelling zoned U1 Urban Neighborhood 1 East: Across 27th Street a one unit dwelling zoned U1 Urban Neighborhood 1 South: A one unit dwelling zoned U1 Urban Neighborhood 1 West: Across an alley a one unit dwelling zoned U1 Urban Neighborhood 1 District Intent: The U2 District is established to provide for, promote, and maintain the development of diverse housing types in urban neighborhoods located near neighborhood centers in core and outlying areas of the City. Site Plan Description: The owner intends to continue using the 2,249 square foot house as a triplex. Zoning and Land Use History and Trends: The house was originally constructed in 1922, and the Sanborn maps show that the house was a single family dwelling at least through 1960. It is unclear when the house was converted from a single unit to its current three unit layout. Traffic and Transportation Considerations: To the east, S 27th Street is a 30' wide street with on -street parking. Agency Comments Agency Comments: There are no engineering comments at this time. Staff Comments: Zoning of properties to U2 Urban Neighborhood 2 allows for the creation of more diverse and affordable housing types. With proper design, these housing types blend well with the character and scale of existing urban neighborhoods. Located in a fairly walkable urban neighborhood that is close to a major corridor, businesses, and transit, this property is suited for U2 zoning. Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential, which would allow for a range of neighborhood -scaled residential housing types. Plan Implementation/Other Plans: While the River Park Neighborhood Plan is in progress, there are no neighborhood specific plans for this area at this time. SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report -PC#0222-24 9/16/2024 2. Current Conditions and Character: A dense, primarily residential neighborhood just north of the mixed -use Mishawaka Avenue corridor. 3. Most Desirable Use: The most desirable use would fall in the range of one unit to medium -density residential housing types that match the established character of the neighborhood. 4. Conservation of Property Values: The use and value of the adjacent properties should not be negatively impacted. Rezoning to U2 would legalize the use as a triplex, providing additional housing units to the neighborhood. The condition to open the porch would bring the property into compliance with zoning standards. 5. Responsible Development and Growth: It is responsible development and growth to allow for a variety of housing options within this urban neighborhood. Analysis & Recommendation Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to U2 Urban Neighborhood 2 will legalize an existing triplex, allowing for a higher density housing type that still bends into the context of the surrounding neighborhood. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation subject to the condition of creating a zoning compliant frontage type by reopening the original porch. SOUTH BEND PLAN COMMISSION Page 4 of 4